Jesus Ruben Molina v. Elias Alvarado

OPINION

YVONNE T. RODRIGUEZ, Justice.

Jesus Ruben Molina seeks interlocutory review under Tex.Civ.Prac. & Rem.Code Ann. § 51.014(a)(5)(West Supp. 2013) of the trial court’s denial of his motion for summary judgment. Appellant contends that suit against him is barred as a matter of law because Elias Alvarado’s decision to first sue Appellant’s employer, the City of McCamey, constituted the irrevocable election of a defendant under the Texas Tort Claims Act, Tex.Civ.Prac. & Rem.Code Ann. § 101.106 (West 2011), thereby depriving the trial court of subject-matter jurisdiction to try any claims…